July 15, 1997
DAR OPINION NO. 79-97
Mr. Plaridel C . Vera Cruz
Chief of Staff, Office Of the Asec for PPLAO
DAR Central Office
Dear Mr. Vera Cruz:
This has reference to the letter of one Mr. RJAO to the Secretary regarding his query on what rule shall govern the right of an individual who owns less than four (4) hectares of residential/farm land who was a former Filipino citizen by reason of being born in the Philippines but became a naturalized American citizen. His queries concerning the said individual are the following: first, on the continued ownership of the property, or the sale of said property to another; second, on allowing his spouse or children to inherit the property; and third, on the possibility for the children of a naturalized American citizen to buy, sell or own private lands in the Philippines strictly for residential purposes.
We wish to inform you that a naturalized American citizen who was formerly a natural-born citizen of the Philippines remains to be the true and lawful owner of the subject property, thus he can sell the same. Furthermore, by reason of succession, his spouse and children can also inherit the property notwithstanding the fact that the latter are already American citizens since under the 1987 Philippine Constitution, private lands, may be transferred through hereditary succession even if the person who inherits the property is not a person qualified to hold lands of the public domain. With regard to the third issue, whether the children of the naturalized American citizen can buy private lands for residential purposes, the Constitution only allows a natural born-citizen of the Philippines who has lost his citizenship to acquire private lands for residential purposes. Simply put, if the children of the naturalized American citizen are not natural-born citizens of the Philippines, said privilege shall not be extended or accorded to them.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, Policy and Planning